Anti-Wire Tapping Act. R.A.

4200 with the accessory penalty of perpetual

Q: What is punished under R.A. 4200?
A: It shall be unlawful for any person,
(a)not being authorized by all the parties to any
private communication or spoken word, to tap
any wire or cable, or by using any other device
or arrangement, to secretly overhear, intercept,
or record such communication or spoken word
by using a device commonly known as a
dictaphone or dictagraph or dictaphone or
walkie-talkie or tape recorder, or however
otherwise described:
(b)be he a participant or not in the act or acts
penalized in the next preceding sentence, to
knowingly possess any tape record, wire
record, disc record, or any other such record,
or copies thereof, of any communication or
spoken word secured either before or after the
effective date of this Act in the manner
prohibited by this law; or to replay the same
for any other person or persons; or to
communicate the contents thereof, either
verbally or in writing, or to furnish
transcriptions thereof, whether complete or
partial, to any other person:
(c)Any person who willfully or knowingly
does or who shall aid, permit, or cause to be
done any of the acts declared to be unlawful in
the preceding section or who violates the
provisions of the following section or of any
order issued thereunder, or aids, permits, or
causes such violation shall, upon conviction
thereof, be punished by imprisonment for not
less than six months or more than six years and
absolute disqualification from public office if
the offender be a public official at the time of
the commission of the offense, and, if the
offender is an alien he shall be subject to
deportation proceedings(Sec.1)
(d) Any person who willfully or knowingly
does or who shall aid, permit, or cause to be
done any of the acts declared to be unlawful in
the preceding section or who violates the
provisions of the following section or of any
order issued thereunder, or aids, permits, or
causes such violation shall, upon conviction
thereof, be punished by imprisonment for not
less than six months or more than six years and
with the accessory penalty of perpetual
absolute disqualification from public office if
the offender be a public official at the time of
the commission of the offense, and, if the
offender is an alien he shall be subject to
deportation proceedings(Sec.2)
Q: What is the exception?
A: When such record or any copies thereof are
used as evidence in any civil, criminal
investigation or trial of offenses mentioned in
section 3 hereof. (Sec.1)
Anti-Trafficking in Persons Act R.A.
9208
Q: What are the punishable acts under R.A.
9208?
A: It shall be unlawful for any person, natural (f) To adopt or facilitate the adoption of
or juridical, to commit any of the following persons for the purpose of prostitution,
acts: pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(a) To recruit, transport, transfer; harbor,
provide, or receive a person by any means, (g) To recruit, hire, adopt, transport or abduct a
including those done under the pretext of person, by means of threat or use of force,
domestic or overseas employment or training fraud, deceit, violence, coercion, or
or apprenticeship, for the purpose of intimidation for the purpose of removal or sale
prostitution, pornography, sexual exploitation, of organs of said person; and
forced labor, slavery, involuntary servitude or
debt bondage; (h) To recruit, transport or adopt a child to
engage in armed activities in the Philippines or
(b) To introduce or match for money, profit, or abroad.(Sec.4)
material, economic or other consideration, any
person or, as provided for under Republic Act
No. 6955, any Filipino woman to a foreign
Anti-Fencing Law P.D. 1612
national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
Q: What is fencing?
him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery,
A: Fencing is the act of any person who, with
involuntary servitude or debt bondage;
intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal,
(c) To offer or contract marriage, real or
sell or dispose of, or shall buy and sell, or in
simulated, for the purpose of acquiring,
any other manner deal in any article, item,
buying, offering, selling, or trading them to
object or anything of value which he knows, or
engage in prostitution, pornography, sexual
should be known to him, to have been derived
exploitation, forced labor or slavery,
from the proceeds of the crime of robbery or
involuntary servitude or debt bondage;
theft. (Sec. 2 [a])

(d) To undertake or organize tours and travel

plans consisting of tourism packages or Q: When does the presumption of fencing

activities for the purpose of utilizing and arise?

offering persons for prostitution, pornography

or sexual exploitation; A: The mere possession of any good, article,
item, object, or anything of value which has
(e) To maintain or hire a person to engage in been the subject of robbery or thievery shall be
prostitution or pornography; prima facie evidence of fencing. (Sec.5)
The presumption does not offend
presumption of innocence enshrined in the
fundamental law. It only shifted the burden of
proof to the defense. Burden of proof is upon
the fence to overcome the presumption.
Q: When does obtaining a clearance/permit
to sell/used second hand articles exempt a
person from being liable under anti-fencing
law?
A: All stores, establishments or entities dealing
in the buy and sell of any good, article item,
object of anything of value obtained from an
unlicensed dealer or supplier thereof, shall
before offering the same for sale to the public,
secure the necessary clearance or permit from
the station commander of the Integrated
National Police in the town or city where such
store, establishment or entity is located. The
Chief of Constabulary/Director General,
Integrated National Police shall promulgate
such rules and regulations to carry out the
provisions of this section. Any person who
fails to secure the clearance or permit required
by this section or who violates any of the
provisions of the rules and regulations
promulgated thereunder shall upon conviction
be punished as a fence.(Sec.6)
B.P. 22 Bouncing Checks Law
Q: Who are liable under B.P. 22?
A:
the (1)Any person who makes or draws and issues
any check to apply on account or for value,
knowing at the time of issue that he does not
have sufficient funds in or credit with the
drawee bank for the payment of such check in
full upon its presentment, which check is
subsequently dishonored by the drawee bank
for insufficiency of funds or credit or would
have been dishonored for the same reason had
not the drawer, without any valid reason,
ordered the bank to stop payment.
(2)having sufficient funds in or credit with the
drawee bank when he makes or draws and
issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full
amount of the check if presented within a
period of ninety (90) days from the date
appearing thereon, for which reason it is
dishonored by the drawee bank.(Sec.1)
Q: When is there prima facie evidence of
knowledge of insufficient funds?
A: GR: There is a prima facie evidence of
knowledge of insufficient funds when the
check was presented within 90 days from the
date appearing on the check and was
dishonored.
XPN:
1. When the check was presented after
90 days from date;
2. When the maker or drawer:
a. pays the holder of the check
the amount due within five banking
days after receiving notice that such
 check has not been paid by the
drawee;
b. makes arrangements
payment in full by the drawee of
such check within five banking
days after notice of non-payment.
(Sec.2)
Q: What penalty may be imposed by the
judge for violation of B. P. 22?
A: SC-AC No. 12-2000, as clarified by SC-AC
No. 13-2001, established a rule on preference
in imposing the penalties. When
circumstances of the case clearly indicate good
faith or clear mistake of fact alone may be
considered as the preferred penalty. The
determination of the circumstances
warrant the imposition of fine rests upon trial
judge only. Should the judge deem that
imprisonment is appropriate, such penalty may
be imposed.
Q: How is the preference for imposition of
fine applied?
A: In the case of Eduardo Vaca v. CA, (G.R.
No. 131714, Nov. 16, 1998), and Rosa Lim v.
People of the Philippines, (G.R. No. 130038,
Sept. 18, 2000) as well as in Administrative
Circular No. 12-2000, the Supreme Court
modified the sentence imposed for violation of
B.P. 22 by deleting the penalty
imprisonment and imposing only the penalty
of fine in an amount double the amount of the
check. However, by virtue of the passage of
Administrative Circular No. 13-2001, the
Supreme Court explained that the clear tenor
of Administrative Circular No. 12-2000 is not
to remove imprisonment as an alternative
penalty but to lay down a rule of preference in
the application of the penalties provided for in
for B.P. 22.
Administrative Circular No. 12-2000
establishes a rule of preference in the
application of the penal provisions of B.P. 22
such that where the circumstances of both the
offense and the offender clearly indicates good
faith or a clear mistake of fact without taint of
negligence, the imposition of fine alone should
be considered as the more appropriate penalty.
the Needless to say, the determination of whether
the circumstances warrant the imposition of
fine alone rests solely upon the judge. Should
the judge decide that imprisonment is the more
that appropriate penalty, Administrative Circular
No. 12-2000 ought not to be deemed a
hindrance.
Anti-Photo and Video Voyeurism Act
of 2009(R.A. 9995)
Q: What are the prohibited acts under R.A.
9995
A:
(a) To take photo or video coverage of a person
or group of persons performing sexual act or
any similar activity or to capture an image of
of the private area of a person/s such as the naked
or undergarment clad genitals, public area,
buttocks or female breast without the consent
of the person/s involved and under
circumstances in which the person/s has/have a
reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be
copied or reproduced, such photo or video or
recording of sexual act or any similar activity
with or without consideration;
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or
(d) To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo
or video coverage or recordings of such sexual
act or any similar activity through VCD/DVD,
internet, cellular phones and other similar
means or device.
Note:
The prohibition under paragraphs (b), (c) and
(d) shall apply notwithstanding that consent to
record or take photo or video coverage of the
same was given by such person/s. Any person
who violates this provision shall be liable for
photo or video voyeurism as defined herein.
Decree Codifying the Laws on
Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition
or Disposition, of Firearms,
Ammunition or Explosives (P.D.
1866, as amended by R.A. 8294) as
an element of the crimes of rebellion,
insurrection, sedition, or attemted
coup d’ etat
Q: What changes were brought about by
R.A. 8294 on P.D. 1866?
A:
1. The use of an unlicensed firearm to
commit murder or homicide is an
aggravating circumstance. Hence,
illegal possession or use of unlicensed
firearm is no longer punished as a
separate offense.
2. If the illegal possession or use of
unlicensed firearm or explosives is in
furtherance of, or incident to, or in
connection with the crimes of
rebellion, insurrection, or subversion
shall be absorbed as an element of
such crimes.
3. Penalty for mere possession of an
unlicensed firearm is based on
whether the firearm is low-powered
or high-powered.
4. Unlicensed firearm shall include:
firearms with expired license; or
unauthorized use of licensed firearm
in the commission of the crime.
Q:When is the use of unlicensed firearm
considered absorbed as an element of the
crime of rebellion, or insurrection, sedition
or attempted coup d’ etat ?
A: If the unlicensed firearm is used in
furtherance of or incident to, or in connection
with the crime of rebellion, or insurrection,
sedition, or attempted coup d’ etat. (Sec.1)
Q: When is the use of unlicensed firearm
considered an aggravating circumstance?
A: In the crimes of homicide and murder
(Sec.1)
The New Public Bidding Law(R.A.
9184)
Q: What are the prohibited acts under R.A.
9184?
A: Public officers who commit any of the
following acts:
1. Open any sealed Bid including but not
limited to Bids that may have been submitted
through the electronic system and any and all
documents required to be sealed or divulging
their contents, prior to the appointed time for
the public opening of Bids or other documents.
2. Delaying, without justifiable cause, the
screening for eligibility, opening of bids,
evaluation and post evaluation of bids, and
awarding of contracts beyond the prescribed
periods of Bids or other documents.
3. Unduly influencing or exerting undue
pressure on any member of the BAC or any
officer or employee of the procuring entity to
take a particular bidder.
4. Splitting of contracts which exceed
procedural purchase limits and competitive
bidding.
5. When the head of the agency abuses the
exercise of his power to reject any and all bids
as mentioned under Section 41 of this Act with
manifest preference to any bidder who is
closely related to him in accordance with
Section 47 of this Act.
When any of the foregoing acts is done in
collusion with private individuals, the private
individuals shall likewise be liable for the
offense.
(b) Private individuals who commit any of the
following acts, including any public officer,
who conspires with them,
1. When two or more bidders agree and submit
different Bids as if they were bona fide, when
they knew that one or more of them was so
much higher than the other that it could not be
honestly accepted and that the contract will
surely be awarded to the pre-arranged lowest
Bid.
2. When a bidder maliciously submits different
Bids through two or more persons,
corporations, partnerships or any other
business entity in which he has interest of
create the appearance of competition that does
not in fact exist so as to be adjudged as the
winning bidder.
3. When two or more bidders enter into an
agreement which call upon one to refrain from
bidding for Procurement contracts, or which
call for withdrawal of bids already submitted,
or which are otherwise intended to secure as
undue advantage to any one of them.
4. When a bidder, by himself or in connivance
with others, employ schemes which tend to
restrain the natural rivalry of the parties or
operates to stifle or suppress competition and
thus produce a result disadvantageous to the
public.
(c) Private individuals who commit any of the
following acts, and any public officer
conspiring with them:
(d) When the bidder is a juridical entity,
criminal liability and the accessory penalties
shall be imposed on its directors, officers or
employees who actually commit any of the
foregoing acts.(Sec. 65)

1. Submit eligibility requirements of whatever

kind and nature that contain false information ANTI-ARSON LAW P.D. 1613
or falsified documents calculated to influence
the outcome of the eligibility screening process Q: Who are liable under P.D. 1613

or conceal such information in the eligibility

A: (a)Any person who burns or sets fire to the
requirements when the information will lead to
property of another
a declaration of ineligibility from participating
in public bidding.
(b) Any person who person sets fire to his own
property under circumstances which expose to
2. Submit Bidding Documents of whatever
danger the life or property of another.(Sec.1)
kind and nature than contain false information
or falsified documents or conceal such
Q: When is there destructive arson?
information in the Bidding Documents, in
order to influence the outcome of the public A: When the property burned is:
bidding.
if the property burned is any of the following:
3. Participate in a public bidding using the
name of another or allow another to use one's 1. Any ammunition factory and other
name for the purpose of participating in a establishment where explosives,

public bidding. inflammable or combustible materials

are stored.
4. Withdraw a Bid, after it shall have qualified
as the Lowest Calculated Bid/Highest Rated 2. Any archive, museum, whether

Bid, or to accept and award, without just cause public or private, or any edifice

or for the purpose of forcing the Procuring devoted to culture, education or social

Entity to award the contract to another bidder. services.

This shall include the non-submission of

3. Any church or place of worship or
requirements such as, but not limited to,
other building where people usually
performance security, preparatory to the final
assemble.
award of the contract.
 4. Any train, airplane or any aircraft,
vessel or watercraft, or conveyance
for transportation of persons or
property
4. Any building where evidence is
kept for use in any legislative,
4. Any rice mill, sugar mill, cane mill
or mill central; and
5. Any railway or bus station, airport,
wharf or warehouse.(Sec.3)
Q: What are the aggravating circumstance

judicial, administrative or other under P.D. 1613?

official proceedings.
A: 1. If committed with intent to gain;

5. Any hospital, hotel, dormitory,

2. If committed for the benefit of another;
lodging house, housing tenement,
shopping center, public or private
3. If the offender is motivated by spite or
market, theater or movie house or any
hatred towards the owner or occupant of the
similar place or building.
property burned;

6. Any building, whether used as a

dwelling or not, situated in a
populated or congested area.(Sec.2)
Q: What are the other cases of Arson?
4. If committed by a syndicate.
Note: The offense is committed by a syndicate
if its is planned or carried out by a group of
three (3) or more persons.

A: When the property burned is:

If the foregoing circumstance(s) are present,
the penalty shall be imposed to its maxu\imum
if the property burned is any of the following:
period.(Sec.4)

1. Any building used as offices of the

government or any of its agencies;

2. Any inhabited house or dwelling;

3. Any industrial establishment,

shipyard, oil well or mine shaft,
platform or tunnel;

4. Any plantation, farm, pastureland,

growing crop, grain field, orchard,
bamboo grove or forest;